Article 13 (entry and/or remain)
214
0
Article 14 (visa free entry)
0
0
“Take charge”: Article 16
0
0
“Take charge” humanitarian clause: Article 17(2)
6
3
“Take back”: Articles 18 and 20(5)
16,106
290
Article 18 (1) (b)
16,094
289
Article 18 (1) (c)
12
1
Article 18 (1) (d)
0
0
Article 20(5)
0
0
Source: Eurostat as of 26 June 2025, total (including re-examination requests)
GCR does not currently have information regarding the practice of all Member States following the CJEU
ruling in the Mengesteab case and CJEU judgment in C-47/17 and C-48/17, and GCR’s request for
relevant information for 2023 from the MoMA was not answered. According to information provided by
other organisations present in Greece, in 2024 German and Austrian authorities continued to consider
that the time runs from the day of the informal request for asylum.482
Based on GCR’s and other organisations’ experience, during 2022, as in previous years, there were
specificities in the handling of cases based on the Member State the outgoing request is addressed to.
Specifically, the Greek Dublin Unit submits all take charge requests within the three-month time limit
foreseen in the Regulation.483 The time starts from the moment an application for international protection
is officially registered with the Asylum Service. However, the German authorities, following the ruling of
the CJEU in the Mengesteab case on 26 July 2017484 consider that the three-month time limit for sending
a request to another country starts when the intention to apply for asylum is expressed; formal registration
of the application with the Asylum Service is not required. To avoid rejection letters based on this
argument, the Greek Dublin Unit tries to send the take charge requests within three-months from the
expression of the intention to apply for asylum. 485
Regarding family reunification cases, if the Greek Dublin Unit is not informed within three months following
the expression of the intention to apply for asylum, but is informed within three months from the registration
of the asylum application, it sends the take charge request to the German authorities under the nondiscretionary Articles (8, 9, 10), this request will meet the time limit set out in the Regulation.
Furthermore, some Member States’ interpretation of the CJEU judgment in the Joined Cases C-47/17
and C-48/17486 has resulted in rejections of requests. Following this judgment, the German Dublin Unit
accepts only one re-examination request for each case and refuses to keep cases open even when further
medical tests for the establishment of the family link are pending. The German Dublin Unit claims that
there is no possibility to deviate from the deadlines of the Dublin III Regulation. The Netherlands, France,
Sweden and the United Kingdom are among the Member States which have also followed the same
practice rejecting cases on this ground.
According to GCR’s knowledge, the German authorities continue to implement this judgment. NGOs noted
that, during 2022, Swedish authorities also rejected cases on this ground.
In general, an extension is requested if a DNA procedure is pending and not expected to be completed
within the two-week timeframe. This request is accepted by almost all the Member States, apart from
Germany, which might reject a re-examination request on the basis that the results proving the family link
were not submitted in due time.
482
483
484
485
486
Information provided by NGOs, valid as of January 2025.
Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the
criteria and mechanisms for determining the Member State responsible for examining an application for
international protection lodged in one of the Member States by a third-country national or a stateless person
(recast).
CJEU, C-670/16, Tsegezab Mengesteab v Bundesrepublik Deutschland, Judgment of 26 July 2017, available
at: https://bit.ly/3MXWEuK.
Based on GCR’s observations from the field.
CJEU, Joined Cases C-47/17 and C-48/17, X v. Staatssecretaris van Veiligheid en Justitie, Request for a
preliminary ruling, Judgment of 13 November 2018, available at: https://bit.ly/2KpcqiA.
92
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